The Alberta Teachers’ Association

This collective agreement is made this ___ of _________________ 20___ between Parkland School Division No. 70. (School Jurisdiction) and the Alberta Teachers’ Association (Association).

Whereas this collective agreement is made pursuant to the laws of the province of Alberta as amended from time to time including but not limited to the School Act, the Alberta Human Rights Act, the Public Education Collective Bargaining Act (PECBA), the Employment Standards Code, and the Labour Relations Code.

WHEREAS certain terms and conditions of employment and the salaries of teachers have been the subject of negotiations between the parties; and

WHEREAS the parties recognize that basic to the proper management and administration of a school system is the school board's function and responsibility to formulate and adopt policy and regulations; and

WHEREAS the School Jurisdiction and the Association recognize the advantages and acknowledge the mutual benefits to be derived from effective communications between trustees, teachers and administrators.

To this end, the School Jurisdiction agrees to inform in writing a representative of the ATA Parkland Teachers’ Local No. 10 of proposed changes to policies and regulations, which directly affect the working conditions of said teachers. The representative of the bargaining unit will respond to such proposals within 15 consecutive days of being notified.

NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties agree as follows:

1.            APPLICATION/SCOPE

1.1          This collective agreement shall be applicable to every person who requires a teacher certificate as a condition of employment with the School Jurisdiction excepting those positions agreed to be excluded in local bargaining between the School Jurisdiction and the Association.

1.2          Excluded Positions

1.2.1      Superintendent

1.2.2      Deputy superintendent

1.2.3      Assistant superintendent(s)

1.2.4      Associate superintendent(s)

1.3          The Association is the bargaining agent for each bargaining unit and:

1.3.1      has exclusive authority to bargain collectively with TEBA on behalf of all the teachers in the bargaining units and to bind the teachers in any collective agreement with respect to central terms; and

1.3.2      has exclusive authority to bargain collectively with each School Jurisdiction on behalf of the teachers in each bargaining unit with respect to local terms, and to bind the teachers by a collective agreement.

1.4          The School Jurisdiction retains all management rights, unless otherwise provided by the expressed terms of this collective agreement.

1.5          Implementation of this collective agreement shall not cause a teacher presently employed to receive a salary less than that calculated under any previous collective agreement unless mutually agreed to by TEBA and the Association.

1.6          This collective agreement cancels all former collective agreements and all provisions appended thereto.

1.7          This collective agreement shall enure to the benefit of and be binding upon the parties and their successors.

2.            TERM

2.1          The term of this collective agreement is September 1, 2016 to August 31, 2018. Unless stated otherwise, this collective agreement shall continue in full force and effect through August 31, 2018.

2.2          List Bargaining

2.2.1      Negotiations regarding the list of central and local matters must commence not less than 6 months and not more than 8 months before the expiry of the then existing collective agreement and shall be initiated by a written notice from the Association or TEBA to the other.

2.2.2      If agreement is not reached, the matter shall be determined by arbitration under PECBA.

2.3          Central Matters Bargaining

2.3.1      Either TEBA or the Association may, by written notice to the other, require the other to begin negotiations. Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence central bargaining by TEBA or the Association must be served not less than 15 days and not more than 30 days after the central matters and local matters have been determined.

2.3.2      A notice referred to in subsection 2.3.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.

2.4          Local Bargaining

2.4.1      Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence local bargaining by a School Jurisdiction or the Association must be served after, but not more than 60 days after, the collective agreement referred to in section 11(4) of PECBA has been ratified or the central terms have otherwise been settled.

2.4.2      A notice referred to in subsection 2.4.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.

2.5          Bridging

2.5.1      Notwithstanding section 130 of the Labour Relations Code, when a notice to commence central bargaining has been served, a collective agreement in effect between the parties at the time of service of the notice is deemed to continue to apply to the parties, notwithstanding any termination date in the collective agreement, until

a)            a new collective agreement is concluded, or
b)            a strike or lockout commences under Division 13 of Part 2 of the Labour Relations Code during local bargaining.

2.5.2      If a strike or lockout commences during central bargaining, the deemed continuation of the collective agreement is suspended until an agreement with respect to central terms is ratified under section 11(4) of PECBA or the central terms have otherwise been settled.

2.6          Meet and Exchange

2.6.1      For central table bargaining, representatives of the Association and TEBA shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and TEBA shall exchange details of all amendments sought.

2.6.2      For local table bargaining, representatives of the Association and a School Jurisdiction shall meet and commence collective bargaining not more than 30 days after notice is given. At the first meeting, the Association and School Jurisdiction shall exchange details of all amendments sought.

2.6.2.1   At the first meeting the parties shall exchange written proposals that identify those interests which they wish to explore during negotiations.

2.7          Opening with Mutual Agreement

2.7.1      The Association and TEBA may at any time by mutual agreement negotiate revisions to the central matters contained in this collective agreement. Any such revisions shall become effective from such date as shall be mutually agreed upon by the Association and TEBA.

2.7.2      The Association and the School Jurisdiction may at any time by mutual agreement negotiate revisions to the local matters contained in this collective agreement. Any such revisions shall become effective from the date mutually agreed upon by the parties.

2.8          Provision of Information

2.8.1      As the Association is the bargaining agent for the teachers employed by each School Jurisdiction, each School Jurisdiction shall provide to the Association at least once each year no later than October 31, a list of its teachers who are members of the Association including the name, certificate number, home address, home phone number and the name of their school or other location where employed.

2.8.2      Each School Jurisdiction shall provide the following information to the Association and to TEBA annually:

a)            Teacher distribution by salary grid category and step as of September 30;
b)            Health Spending Account (HSA)/Wellness Spending Account (WSA)/Registered Retirement Savings Plan (RRSP) utilization rates;
c)            Most recent School Jurisdiction financial statement;
d)            Total benefit premium cost;
e)            Total substitute teacher cost; and
f)             Total allowances cost.

3.            SALARY

3.1          Salary Pay Date/Schedule

3.1.1      Save and except substitute teachers, each teacher shall be paid:

3.1.1.1   One-twelfth of the teacher's annual rate of salary paid on the 26th of each month except in December and March when payment shall be made on the last teaching day or the 26th of that month whichever is earlier.

(a)   Salary adjustment resulting from unpaid leaves shall take place no later than the month following the month in which the leave occurs.

3.1.1.2   Clause 3.1.1.1 notwithstanding, a teacher who has resigned shall be paid in accordance with Section 111 of the School Act 2000 as amended from time to time.

3.1.1.3   All salary payments shall be made through an electronic direct bank deposit system.

3.1.2      Payment of administrative allowances according to clause 4.2 of this agreement shall commence on the effective date of appointment.

3.2          Grid

3.2.1      The School Jurisdiction shall pay its teachers the salaries and allowances as herein set forth and computed. All sums mentioned herein are "per annum" unless specifically stated otherwise.

3.2.2      The number of complete years of teacher education and the years of teaching experience, as computed according to this agreement, shall together determine the basic salary rate for each teacher employed by the School Jurisdiction.

3.2.3      (a) Effective September 1, 2016

(b) Years 2 and 3 of education will be eliminated from the collective agreement, effective September 1, 2017. All teachers who currently receive an annual salary under Categories C2 and C3 will be appointed to the step within the fourth year (Category C4) that is nearest to, but not less than, the teacher’s current annual salary. If that step on the grid is not C4 MAX, the teacher is eligible for grid movement on the basis of experience increments.

(c) Effective September 1, 2017

3.3          Education

3.3.1      The evaluation of teacher education for salary purposes shall be determined by a statement of qualifications issued by the Alberta Teacher Qualifications Service (TQS) in accordance with the policies and principles approved by the Teacher Salary Qualifications Board established under memorandum of agreement among the Department of Education, the Alberta Teachers' Association and the Alberta School Trustees' Association, dated March 23, 1967.

3.3.2      The adjustment date for changes in the allowances for teacher education shall be the first day of the month following receipt of the statement of qualifications from the Teacher Qualifications Service.

3.3.3      Proof of teacher education or written proof of having applied for same must be submitted to the School Jurisdiction within forty-five (45) calendar days of the above mentioned adjustment dates or commencement of employment. Acceptable proof shall include the receipt from TQS or a letter from TQS indicating the teacher is currently having the teacher's documents evaluated. Upon receipt of the statement of qualifications from TQS, the original shall be submitted for inspection.

3.3.3.1   Failure to submit proof or written proof of application within the aforesaid forty-five (45) day period shall result in salary adjustment commencing the month following such submission.

3.3.3.2   Until proof of teacher education is submitted, a teacher shall be placed on the grid according to the most acceptable statement of qualifications or according to four (4) years of teacher education.

3.3.3.3   Provided proof of teacher education or satisfactory evidence of application for same is submitted within the required forty-five (45) days, the teacher's salary shall be adjusted on the first day of the month following submission of proof of teacher education, retroactive to commencement of teaching duties.

3.4          Experience

3.4.1      Teachers shall gain experience while holding a valid Alberta teaching certificate or its equivalent, and working while:

a)            under contract in a position that requires a teaching certificate as a condition of employment, excluding leaves of absence without salary and vacation periods; and

b)            employed as a substitute teacher within the preceding five (5) years.

3.4.2      A teacher shall be granted only one (1) experience increment during any one (1) school year.

3.4.3      Previously unrecognized experience gained in one school year with a School Jurisdiction may be carried over for calculation of experience increments in the following school year with that same School Jurisdiction.

3.4.4      Provisions 3.4.1 and 3.4.3 take effect on September 1, 2017 and shall not be applied retroactively other than to permit unrecognized experience gained in the 2016-17 school year with a School Jurisdiction being carried over for calculation of experience increments in the 2017-18 school year with that same School Jurisdiction.

3.4.5      A year of teaching experience shall be earned by service with the School Jurisdiction for at least one-hundred and twenty (120) days effective September 1, 1991, days as defined in Section 97(1) of the School Act 2000, as amended from time to time. No teacher shall lose credit for years of teaching experience recognized at the time of signing of this agreement. Substitute teaching shall be counted as teaching experience.

3.4.6      The adjustment date for changes in the number of years allowed for years of teaching experience shall be on the first teaching day of the school year or on the anniversary date of commencement of employment.

3.4.7      Those teachers employed prior to September 1, 1991, shall continue to use the commencement of the school year or February 1 as anniversary date for the purpose of adjustments to increments and teaching experience.

3.4.8      Each teacher shall supply proof of previous teaching experience within forty-five (45) days of commencing teaching duties or supply satisfactory evidence of application for such proof within that time. Such proof must fully verify the teacher's claim for years of teaching experience.

3.4.8.1   Until proof of previous teaching experience is supplied, the teacher shall be paid at the minimum for the teacher's category of teacher education.

3.4.8.2   Provided proof of previous teaching experience or satisfactory evidence of application for same is submitted within the required forty-five (45) days, the teacher's salary shall be adjusted on the first of the month following submission of proof of previous teaching experience, retroactive to the commencement of teaching duties.

3.4.8.3   If proof of previous teaching experience or satisfactory evidence of application for same is not submitted within the required forty-five (45) days, salary adjustments shall be made at the beginning of the month following submission of the proof of previous teaching experience.

3.4.8.4   The School Jurisdiction shall keep up-to-date records of each teacher's service with the School Jurisdiction. A copy of this shall be provided to a teacher upon request.

3.4.9      Teachers shall only receive increments for experience gained while holding a valid teaching certificate or while on a letter of authority.

3.4.10    A substitute teacher shall provide evidence of teaching experience and teacher education as per articles 3.3 and 3.4 within forty-five (45) days of being eligible for placement on the grid.

3.5          Special Considerations: Career and Technology Studies

3.5.1      A Career and Technology Studies (CTS) or Career and Technology Foundations (CTF) trade teacher is a person who has a valid Alberta teaching certificate, and instructs at least 0.5 FTE in the teacher’s area of Journeyman Trade Certification.

3.5.2      Industrial trade experience means experience in the area of trade certification for which the teacher will be teaching that was obtained while holding a valid journeyman trade certificate for the area in which the teacher will be teaching. One (1) year of full-time industrial trade experience shall be time equivalent to two thousand (2000) hours worked per year as a journeyman.

3.5.3      Industrial trade experience will only be recognized:

3.5.3.1   if a journeyman trade certification is required as a condition of employment by the School Jurisdiction

3.5.3.2   if the teacher instructs in their area of trade certification as a journeyman, on at least a 0.5 FTE

3.5.3.3   if the teacher has prior industrial trade experience through verifiable employment that was obtained while holding a valid journeyman trade certificate for the area in which the teacher will be teaching

3.5.3.4   the verifiable documents provided are either from a third party employer, or, in the case of self-employment, filed tax returns which confirm work in the area for which the teacher holds a valid journeyman certificate and will be teaching

3.6          Other Allowances

3.6.1      Convention Allowance

3.6.1.1   A teacher who is engaged by an Alberta Teachers’ Association Convention Association as a speaker shall be entitled to retain any honorarium and/or stipend provided by the Convention Association in addition to their regular salary and allowances for that day.

4.            ADMINISTRATOR ALLOWANCES AND CONDITIONS OF PRACTICE

4.1          Creation of New Designations/Positions

4.1.1      The School Jurisdiction may create or designate new positions that fall within the scope of this agreement as described in article 1.1, provided that additional allowances, if any, for new positions are established after consultation with the Parkland School Division bargaining unit of the ATA Parkland Teachers’ Local No. 10 of the Association, acting on behalf of the Association and before the position is advertised or the appointment is made. The new position title and allowance rate shall be described in an addendum to this agreement.

4.2          Administration Allowances

In addition to the foregoing salary, there shall be paid allowances with the following schedule:

4.2.1      Principal Allowances:

4.2.1.1   Minimum for any principal: $17,280

4.2.1.2   The student count shall be on September 30 of each year, except that an adjustment shall be made in any allowance, effective March 1, where the September count varies by twenty percent (20%) or more on the February 28 following. In cases where a principal is designated responsibility for ECS, ECS students shall be included in the student count and each ECS student shall be counted as one (1) student.

4.2.2      Assistant Principal(s) Allowances:

4.2.2.1   Each assistant principal shall receive 1/2 the allowance paid to the principal under clause 4.2.1.

4.2.3      Director Allowance: $13,973

4.2.4      Supervisor Allowance: $9,479

4.2.5      Department Head/Coordinator/Consultant/Facilitator: $4,730

4.2.6      Divisional Principal

4.2.6.1   The teacher or principal assigned or appointed to the Division Principal position shall receive the minimum principal allowance.

4.3          Red Circling

4.3.1      A Principal shall not suffer a loss of salary and administrative allowance(s) due to appointment as Division Principal. The salary and allowances of the affected Principal shall be red circled at the enrolment levels of the school the principal was at prior to the appointment for a period of the assignment. The teacher or principal will also receive any increases to salary grid or allowances as per the terms of the collective agreement.

4.4          Acting/Surrogate Administrators – Compensation

4.4.1      When, in the absence of the principal, an assistant principal acts in the principal's place for a period of ten (10) or more consecutive school days, said assistant principal shall be designated as acting principal effective the tenth day and shall receive an allowance equivalent to that of the principal for the period during which the assistant principal is so designated.

4.4.2      In a school where there is no assistant principal, a teacher shall be designated by the School Jurisdiction to be acting principal in the absence of the principal. The designate shall be paid effective the second consecutive day, according to clause 4.2.1 should the principal be absent for two (2) or more consecutive days.

4.4.3      At the end of the current school year, if a teacher has been in an acting principal capacity for more than five (5) non-consecutive days, the teacher will be paid for all days acting after the fifth (5th) non-consecutive day. The onus is on the teacher to submit the acting form to Human Resources for processing.

4.4.4      When both the principal and the assistant principal are absent, a teacher shall be appointed acting principal. The teacher so appointed shall be paid effective the second consecutive day, according to clause 4.2.1 should the principal and assistant principal be absent for two (2) or more consecutive days.

4.4.5      At the end of the current school year, if an assistant principal has been in an acting principal’s capacity for more than ten (10) non-consecutive days, the assistant principal will be paid for all days acting after the tenth (10th) non-consecutive day. The onus is on the assistant principal to submit the acting form to Human Resources for processing.

4.5          Teachers with Principal Designations

4.5.1      Effective September 1, 2017, a teacher designated as a principal shall enter into a series of term contracts for a period of up to five (5) years. Up to two (2) of these five years may be on a probationary basis. Following the term contract maximum of five (5) years, inclusive of the maximum two (2) years probationary period, the School Jurisdiction must decide whether or not the designation will continue, and if it continues, it is deemed to be a continuing designation.

4.5.2      Any current principal who has had a term contract(s) for a term(s) of a total of less than five years on September 1, 2017 may continue under the term contract until the total number of years designated as a principal is five years. When the total length of the principal’s designation will be five years as of August 31, 2018, the School Jurisdiction must decide by April 30, 2018 whether or not the designation will continue in the 2018-19 school year, and if it continues, it is deemed to be a continuing designation.

4.5.3      For any current principal who is on a term contract(s) for a period of five years or more as of September 1, 2017, the School Jurisdiction must decide by January 31, 2018 whether or not the designation will continue, and if it continues, it is deemed to be a continuing designation. If the designation is not continued, it will expire at the conclusion of the term provided in the term contract, unless it is otherwise terminated in accordance with the express provisions of the term contract.

4.6          Other Administrator Designations

4.6.1      Any teacher who becomes an employee of the School Jurisdiction pursuant to the provisions of Section 242 (1) (2) (3) of the School Act and who had been designated a principal, vice-principal or assistant principal by the teacher's former employer retains such designation.

4.7          Other Administrator Conditions

4.7.1      Lieu Days

4.7.1.1   Principals and assistant principals will be granted two (2) paid leave day(s) per school year, at a time mutually agreeable to the principal/assistant principal and the superintendent or designate.  Failing agreement about whether the dates are mutually agreeable to the principal/assistant principal and the superintendent, the School Jurisdiction shall pay out the unused paid leave days at 1/200th of the principal’s annual salary and allowance by the end of June each year. 

4.7.2      Administrators Vacation/Work Schedule

4.7.2.1   Notwithstanding clause 8.4.1, a teacher who agrees to render professional service during any vacation period, with the written approval of the Superintendent or designate, shall, in the month following the month in which the work was performed, be paid 1/200 of the teacher's grid position salary for each day of work or shall be granted equivalent leave with pay which must be taken at a mutually agreeable time prior to the end of the school year. If the leave is not taken, the teacher shall submit a claim for payment to the Superintendent or designate no later than June 30 of the current school year. Payment will be made prior to August 31 of the current school year.

5.            SUBSTITUTE TEACHERS

5.1          Rates of Pay

5.1.1      A substitute teacher is a teacher employed on a day-to-day or half-day basis where a contract of employment is not in effect.

5.1.2      For the first five (5) days of substitute service, in each instance, payment will be according to the following schedule:

5.1.2.1   Effective September 1, 2015, substitute teacher rates will be increased by the same percentage and date as the salary increases for teachers in Article 3.2.3.

5.1.2.2   per day   $215.34

                per half day   $107.67

5.1.3      The above rates of pay include four percent (4%) vacation pay.

5.2          Commencement of Grid Rate

5.2.1      Number of days to go on grid: Rate of pay for a teacher employed on a substitute basis who fills the same teaching position for more than five (5) consecutive school days, shall be paid effective the sixth day, according to placement on the salary grid, subject to the terms of this agreement.

5.2.2      Effective September 1, 2017, the period of consecutive employment during the school year shall not be considered interrupted or non-consecutive, if a holiday, teachers’ convention, professional day or such other system-regulated breaks interrupt the substitute teacher’s continuity in the classroom.

5.3          Other Substitute Teacher Conditions

5.3.1      Professional Development:

5.3.1.1   Provided there is space available, substitute teachers are invited to attend division based or school based professional learning activities or workshops without pay.

6.            PART TIME TEACHERS

6.1          FTE Definition: Effective September 1, 2017, part-time teacher FTE will be determined by the ratio of the teacher’s actual annual instructional time to the teacher instructional time of a full-time assignment in the teacher’s school. This FTE will be used to calculate the prorated portion of a teacher’s assignable time.

7.            GROUP BENEFITS

7.1          Group Health Benefit Plans, Carrier and Premiums

7.1.1      Provided enrolment is sufficient for implementation, the School Jurisdiction shall make available each of the six (6) benefit plans listed in clause 7.1.3.  The benefit provider for each of the plans shall be    the Alberta School Employee Benefit Plan (ASEBP).

7.1.2      Effective September 1, 2014, the School Jurisdiction shall pay one-hundred percent (100%) of a participating teacher’s monthly premiums payable for Alberta Health Care Insurance. This clause shall apply to the basic plan only.

7.1.3      Effective September 1, 2014, the School Jurisdiction shall pay benefit premiums for all teachers employed by the School Jurisdiction at the rates stipulated for each plan in the following table:

7.2          Group Benefits Eligibility

7.2.1      Provided enrolment is sufficient for implementation, enrolment in the listed benefits plans shall be a condition of employment.

7.2.2      Notwithstanding clause 7.1.1, 7.1.2 and 7.2.1 above, the requirement to participate in either Alberta Health Care, extended health care, dental care or vision plan insurance, as a condition of employment, shall be waived for those teachers who already have such group insurance coverage as dependents of their spouses and who therefore elect not to participate.  Further, teachers with no dependents other than spouses may elect to take single coverage in any of Alberta Health Care, extended health care, dental care or vision plan insurance plans if their spouses have single coverage in the same or comparable plans. Teachers shall not be required to enroll in, and shall not be entitled to premium payments for any of the individual plans listed in clause 7.1.3 for which they are ineligible to enroll.

7.3          Health Spending Account

7.3.1      The School Jurisdiction will establish a Health Spending Account (HSA) for each of its eligible teachers that adheres to Canada Revenue Agency (CRA) requirements. Any unused balance in the HSA at the end of a school year will be carried forward to the extent permitted by the CRA. Teachers who are no longer employed by the School Jurisdiction forfeit any remaining balance in the HSA.

(a) Eligible teachers shall be teachers who are employed by the School Jurisdiction on continuing, probationary, interim or temporary contracts, including teachers on extended disability leave and subject to the limitations of7.3.1(b). Eligible teachers who are on sick leave or extended disability leave receive HSA credits. Teachers who are on unpaid leaves of absence of thirty (30) days or more will not receive HSA credits.

(b) (i) For the 2006-07 school year, part-time teachers below 0.5 FTE are not eligible for HSA credits except for those teachers below 0.5 FTE who received HSA credits during the 2005 – 2006 school year and who will be grandfathered for the duration of this Collective Agreement and continue to be eligible for HSA credits.

(b) (ii) For the 2007 – 2008 school year, teachers with 0.2 FTE or greater but less than a 0.5 FTE (other than those teachers grandfathered under 7.3.1(b)(i) above) are eligible for HSA credits pro-rated according to their FTE. Such eligibility for the 2007 – 2008 school year will apply to the subsequent school years in this Collective Agreement.

7.3.2      Each HSA shall be in the annual amount of $744 credited at $62 per month, for each eligible teacher.

7.4          Other Group Benefits

7.4.1      Employment Insurance Premium Reduction

7.4.1.1   Payments made toward benefit plans by the School Jurisdiction shall permit the School Jurisdiction to retain and not pass on to teachers any rebates of premiums otherwise required under Employment Insurance Commission regulations.

8.            CONDITIONS OF PRACTICE

8.1          Teacher Instructional and Assignable Time

8.1.1      Effective September 1, 2008

8.1.1.1   It is the School Jurisdiction’s intent to ensure that schools operate as closely as possible to the required hours of instruction mandated by Alberta Education (nine hundred and fifty [950] hours of instruction per year for elementary and junior high schools; one-thousand [1000] hours per year for senior high schools.) The parties recognize that schools require flexibility to meet their unique organization and program needs.

8.1.1.2   Full-time elementary and junior high school teachers may be assigned up to ninety-five point five percent (95.5%) of the total yearly instructional time of the school.

8.1.1.3   Full-time teachers in senior and combined junior-senior high schools may be assigned up to eighty-eight point five percent (88.5%) of the total yearly instructional time of the school.

8.1.1.4   Assigned instructional time for part-time teachers will be prorated in accordance with their full-time equivalency.

8.1.1.5   It is acknowledged that schools may require some flexibility in deploying teaching staff to meet the educational needs of students. In the event that a school considers exceeding limits on assigned instructional time as specified in Clauses 8.1.1, such changes shall be determined through a collaborative process as outlined in Addendum A.

8.1.2      Effective September 1, 2017, teacher assignable time will be capped at 1200 hours per school year commencing the 2017-18 school year.

8.2          Assignable Time Definition

8.2.1      Assigned Time is defined as the amount of time that School Jurisdictions assign teachers and within which they require teachers to fulfill various professional duties and responsibilities including but not limited to:

a)            operational days (including teachers’ convention)
b)            instruction
c)            supervision, including before and after classes, transition time between classes, recesses and lunch breaks
d)            parent teacher interviews and meetings
e)            School Jurisdiction and school directed professional development, time assigned to teacher professional development, and travel as defined in Clause 8.2.3
f)             staff meetings
g)            time assigned before and at the end of the school day
h)            other activities that are specified by the School Jurisdiction to occur at a particular time and place within a reasonable work day.

8.2.2      Teachers have professional obligations under the School Act and regulations made pursuant to the School Act, as well as the Teaching Quality Standard, which may extend beyond what is assigned by School Jurisdictions. Teachers have discretion, to be exercised reasonably, as to when they carry out their professional responsibilities that extend beyond their assigned time.

8.2.3      Time spent traveling to and from professional development opportunities identified in 8.2.1 (e) will not be considered in the calculation of a teacher’s assignable time if:

a)            the teacher is being provided any other pay, allowances or a per diem for that travel time (excluding any compensation provided for mileage).
b)            the actual distance required to travel for the purposes of such professional development does not exceed the teachers’ regular commute to their regular place of work by more than eighty (80) kilometers. In such instances, assignable time will be calculated as one quarter (1/4) of an hour for every twenty (20) kilometers traveled in excess of the eighty (80) kilometer threshold.
c)            the time is spent traveling to and from the teacher’s annual convention.

8.3          Other Conditions of Practice

8.3.1      Teachers will not be required to render service in a school year for more than two-hundred (200) teaching days as defined in School Act 97(1) commencing the opening day of school in each school year, exclusive of vacation periods, weekends and holidays.

8.4          School Calendar

8.4.1      Notwithstanding clause 8.3.1, principals and assistant principals shall be responsible to organize their schools in order that the schools are ready for operation.

8.4.2      The date upon which a teacher will be required to render the first day of service in any school year shall be announced by the School Jurisdiction on or before the preceding May 31.

8.4.3      The School Jurisdiction shall set a fixed spring break after consultation with the ATA Parkland Teachers’ Local No. 10 of the Association.

8.4.4      Atypical School Calendar

8.4.4.1   Operating principle:  The parties agree that the foundation principle to these measures is that each teacher affected by the atypical school year calendar will provide the number of operational days of service stated in the School Jurisdiction’s regular school year calendar and the School Jurisdiction will pay each teacher accordingly in keeping with the School Act and the Collective Agreement.

8.4.4.2   A teacher holding a continuous teaching contract and providing service at commencement of the atypical calendar year will continue to receive an annual salary as per Clauses 3.2.3 and 3.1.1.1 effective from September to August of each year of the pilot period.

8.4.4.3   A teacher holding a term contract, i.e., temporary, probationary or interim contract, and providing service at the commencement of the atypical calendar year will receive an annual salary as per Clauses 3.2.3 and 3.1.1.1 effective from September to August of each year of the pilot period unless the teacher elects to receive an advance payment equivalent to one-twelfth of the teacher’s annual salary on August 26 of each year. Where the teacher elects to receive such advance payment, the teacher’s final payment in June will reflect a deduction of this advance.

8.4.4.4   A teacher holding a term contract and providing service in August under the atypical calendar year will be eligible to receive benefit coverage and sick leave provisions in accordance with Article 10 of the Collective Agreement.

8.4.4.5   Substitute teachers will be paid in accordance with the Collective Agreement rates in effect for the dates that service is provided.

8.4.4.6   In the event that a teacher is transferred to or from a school with an atypical school year calendar during the school year, the teacher will provide service for the number of operational days stated in the School Jurisdiction’s regular school year calendar. Should a teacher, as a result of transfer, be asked and agree to provide more than these specified days of service, the teacher shall be paid at a rate of 1/200 of the teacher’s annual salary for each day worked.

9.            PROFESSIONAL DEVELOPMENT

9.1          Teacher Professional Growth Plan

9.1.1      Teacher Professional Growth Plans will consider but will not be required to include the School Jurisdiction’s goals.

9.1.2      The teacher professional growth process, including discussions between the teacher and principal on the professional growth plans, will continue to take place.

9.1.3      School Jurisdictions and/or schools are not restricted in developing their own staff development plan in which the School Jurisdiction and/or school may require teachers to participate.

9.2          Professional Improvement Leave

9.2.1      Professional improvement leave shall mean a leave of absence granted by the School Jurisdiction in its discretion on application by a teacher for study or experience designed to improve the teacher's academic or professional education.

9.2.2      To be eligible for professional improvement leave under clause 9.2.1, the teacher shall have served the School Jurisdiction for five (5) consecutive years, immediately prior to granting of such leave.

9.2.3      Professional improvement leave for a period of less than one (1) year may be granted by the School Jurisdiction and remuneration shall be prorated to the amount of salary set forth in clause 9.2.8.

9.2.4      A teacher who is granted professional improvement leave shall give an undertaking in writing to return to the teacher's duties following expiration of the teacher's leave and shall not resign or retire from teaching service, other than by mutual agreement between the School Jurisdiction and the teacher for a period of at least two (2) years after resuming the teacher's duties. If the teacher fails to complete the two (2) year return to work requirement, the teacher shall refund to the School Jurisdiction an amount equal to the number of months remaining in the two (2) year commitment divided by twenty-four (24) times the amount of the allowance paid under clause 9.2.8.

9.2.5      All applications for professional improvement leave shall be submitted to the School Jurisdiction by April 1 preceding the school year in which the professional improvement leave is to commence.

9.2.5.1   The School Jurisdiction shall provide a list of all applicants for professional improvement leave to the president of ATA Parkland Teachers’ Local No. 10 by May 1.

9.2.6      The School Jurisdiction shall, after reviewing the applications for professional improvement leave, determine both the number and the persons to be granted professional improvement leave.

9.2.7      The School Jurisdiction shall notify each applicant by May 1 as to whether or not professional improvement leave is granted.

9.2.8      A teacher who is granted professional improvement leave shall receive an annual salary in the amount of seventy-five percent (75%) of fourth year minimum grid position. During this period the teacher shall be eligible to maintain benefit insurance coverage provided the teacher pays one-hundred percent (100%) of the cost of the premiums.

9.2.9      At the time professional improvement leave is granted, the School Jurisdiction and the teacher shall agree in writing to the terms and conditions of resumption of duties on the part of the teacher.

10.          SICK LEAVE / Medical Certificates and Reporting

10.1        Sick leave shall be with salary and benefits and shall be for the purpose of the teacher obtaining medical or dental treatment or because of accident, disability or sickness.

10.1.1    All teachers under contract shall, in their first school year of employment, have available twenty (20) days of sick leave, prorated if the contract is for less than a full school year. Such leave shall be noncumulative.

10.1.2    In the second successive and subsequent consecutive school years of employment, all teachers under contract shall have available ninety (90) calendar days of sick leave. Such leave shall be noncumulative.

10.1.3    In the second successive and subsequent consecutive school years of employment, a teacher who is absent on sick leave shall, upon return to work, have the sick leave entitlement reinstated to ninety (90) calendar days. However, in instances where the teacher has been continuously absent for a period of thirty (30) or more calendar days, reinstatement of the sick leave entitlement may be made contingent upon the teacher providing a medical certificate signed by a physician, prior to the date of return, verifying that the teacher is medically fit to return to work. In addition, the ninety (90) calendar days shall not be reinstated until the teacher has been actively at work for ten (10) consecutive teaching days unless the absence is a result of a new medical condition supported by medical evidence.

10.2        A teacher who is absent from duty to obtain necessary medical or dental treatment, or because of accident, disability, or sickness for a period of more than three (3) consecutive days, shall be required to present a medical certificate to the superintendent or designate as follows:

10.2.1    Teachers in their first year of employment shall be required to present a medical certificate within fourteen (14) calendar days of the start of the absence.

10.2.2    Teachers in their second and subsequent consecutive years of employment shall be required to present a medical certificate within thirty (30) calendar days of the start of the absence.

10.3        A teacher who is absent shall be required to record, in the attendance management system,  the reason for every absence within five (5) school days of returning to work.

10.4        The School Jurisdiction shall be entitled to require a teacher to submit to a medical examination by a doctor named by it, at the School Jurisdiction 's expense.

10.5        For teachers enrolled in ASEBP Plan D (EDB 1), after ninety (90) continuous calendar days of illness, sick leave benefits shall be suspended and no further salary shall be paid.

10.6        In the event that,

(a) a teacher has insufficient sick leave to provide full salary during the qualifying period for ASEBP extended disability benefits and

(b) the teacher is accepted by the insurance carrier as an EDB claimant, the School Jurisdiction shall pay the salary of the teacher for the period of insufficient sick leave to a maximum of ninety (90) calendar days once the teacher is accepted by the insurance carrier as an EDB claimant and the teacher receives the first EDB payment.

11.          MATERNITY, ADOPTION AND PARENTAL LEAVE

11.1        Maternity Leave/Parental Leave/Adoption Leave

Maternity Leave

11.1.1    Teachers are entitled to maternity leave without pay and benefits for a period not exceeding eighteen (18) weeks.

11.1.2    The teacher, whenever possible, shall notify the School Jurisdiction of the teacher's leave requirements at least thirty (30) days in advance of the first day of the maternity leave. The commencement of and return from maternity leave shall be determined by the teacher. A medical certificate certifying pregnancy and expected date of delivery shall accompany such notification. Maternity leave shall commence no later than the birth of the child.

11.1.3    When a teacher is unable to attend work and perform duties for reasons associated with pregnancy, the teacher shall be eligible for one of 11.1.3.1 or 11.1.3.2.

11.1.3.1                If the absence commences prior to ten (10) weeks before the estimated date of delivery and continues without the teacher returning to work, the teacher shall be placed on sick leave as per clause 10 of this agreement until such point in time as the teacher is eligible to apply for Extended Disability Benefit (EDB) from ASEBP.

11.1.3.2                If the absence commences within the ten (10) weeks before the estimated date of delivery, the teacher shall choose one (1) of 11.1.3.2 (a) or 11.1.3.2 (b). Such choice shall apply until the teacher returns to work following delivery or until the teacher returns to work following maternity leave.

(a)   The School Jurisdiction shall implement and maintain an Employment Insurance Maternity Benefit Top-up Plan which shall provide the teacher on maternity leave with one-hundred percent (100%) of the teacher’s weekly salary under the Top-up Plan during the eighteen (18) weeks of leave. The provisions of 10.1, 10.2, 10.3, 10.4 and 7.4.1 will not apply. The School Jurisdiction will continue to make contributions to benefit premiums as specified in clause 7 of this agreement for the period of maternity leave.

(b)   Notwithstanding clause 11.1.1, the teacher may access sick leave entitlement with pay and benefits as specified in clause 10 of this agreement for the period of sickness or disability.

11.1.4    In addition to the maternity leave, the teacher is entitled to a parenting leave without pay and benefits of up to thirty-four (34) weeks provided such leave is continuous and complete within fifty-two (52) weeks of the commencement date of maternity leave. During this thirty-four (34) week period, the teacher shall be eligible to maintain benefit insurance coverage provided the teacher pays one-hundred percent (100%) of the cost of the premiums.

11.1.5    The rate and duration of maternity leave benefits do not change in the event of a multiple birth.

Parental Leave

11.1.6    A teacher is entitled to parental leave without pay and benefits for up to thirty-seven (37) weeks following the birth of their child provided such leave is continuous and complete within fifty-two (52) weeks of the birth date of that child. During this thirty-seven (37) week period, the teacher shall be eligible to maintain benefit insurance coverage provided the teacher pays one-hundred percent (100%) of the cost of the premiums.

11.1.7    The teacher shall, in consultation with the superintendent or designate, establish a date of return from leave at the time the parental leave is taken.

11.1.8    The rate and duration of parental leave benefits do not change in the event of a multiple birth.

Adoption Leave

11.1.9    Teachers are entitled to adoption leave without pay and benefits for a period not exceeding thirty-seven (37) weeks provided such leave is continuous and complete within fifty-two (52) weeks of the date the child arrives home. During this thirty-seven (37) week period, the teacher shall be eligible to maintain benefit insurance coverage provided the teacher pays one-hundred percent (100%) of the cost of the premiums.

11.1.10  When possible, a teacher will notify the School Jurisdiction of the leave requirements thirty (30) days in advance of the first day of the leave.

11.1.11  For each adoption leave, the rate and duration of adoption leave benefits do not change where a teacher takes this entitlement to adopt more than one (1) child.

11.2        Benefits – Prepayment or Repayment of Premiums During Unpaid Portion of Leave

11.2.1    Teachers may prepay or repay benefit premiums payable during the duration of a maternity, adoption or parental leave.

11.2.2    Subject to the terms and conditions of the benefits insurance carrier policies, teachers on maternity, adoption or parental leave may make arrangements through the School Jurisdiction to prepay 100 per cent of the benefit premiums for applicable benefits provided for in the existing collective agreement, for a period of up to 12 months.

11.2.3    Notwithstanding Clause 11.2.2, subject to the terms and conditions of the benefits insurance carrier policies, upon request by the teacher, the School Jurisdiction will continue paying the School Jurisdiction portion of the benefit costs for a teacher on maternity, adoption or parental leave, for a period of up to twelve months, provided the teacher repays the teacher portion of the benefit premiums.

11.2.4    A teacher who commits to Clause 11.2.3 is responsible to repay the amount of the School Jurisdiction paid benefit premiums, and shall reimburse the School Jurisdiction upon return from the leave, in a mutually agreeable, reasonable manner over the period of no more than twelve months following the teacher’s return to duty.

11.2.5    If a teacher fails to return to his/her teaching duties, the teacher shall be responsible to forthwith repay the School Jurisdiction paid benefit premiums, and shall reimburse the School Jurisdiction upon receipt of an invoice.

11.2.6    If a teacher has not fully repaid the cost of benefit premiums previously paid by the School Jurisdiction under Clause 11.2.3 the teacher is not eligible to reapply for additional consideration under Clause 11.2.3.

12.          PRIVATE BUSINESS/GENERAL/PERSONAL LEAVES OF ABSENCE

12.1        Two (2) days leave of absence without loss of salary shall be granted to a teacher.

12.2        A further leave of absence of not more than three (3) days in total in any school year shall be granted with pay provided that an amount equivalent to the salary of a substitute, whether or not a substitute is required, is forthcoming to the School Jurisdiction through payroll deductions or payment from other sources.

12.3        No more than two (2) of the days in 12.1 and 12.2 can be attached to a break of more than four (4) days without permission of the Superintendent or designate.

13.          ASSOCIATION LEAVE AND SECONDMENT

13.1        A teacher shall be granted leave of absence with pay provided the School Jurisdiction is reimbursed by the Association for the actual costs of the substitute, including the School Jurisdiction portion of statutory benefit contributions, to fulfill the duties as an elected or appointed member of the Provincial Executive Council, Discipline and Practice Review Committees, and central and local table negotiating committees.

13.2        Upon written request to the superintendent or designate, the School Jurisdiction may consider additional Association Leave. The written request shall be provided with as much notice as possible and, where possible, not less than five (5) working days in advance of the leave, stating the teacher’s name, and the date(s) and time(s) the teacher will be absent from their professional duties with the School Jurisdiction. The Association will reimburse the School Jurisdiction as per Clause 13.1. Such leaves will not be unreasonably denied.

13.3        Where the Association requests a secondment for a teacher who is elected to Provincial Executive Council, as the President of a local, or other local official already named in the collective agreement, the teacher shall be seconded on a scheduled basis up to a maximum of the teacher’s FTE provided that the amount of FTE the teacher is seconded is mutually agreed to by the School Jurisdiction, the teacher, and the Association and is at no cost to the School Jurisdiction.

13.3.1    Upon written request made in a timely manner by ATA Parkland Teachers’ Local No. 10, a teacher who is elected to the office of President of ATA Parkland Teachers’ Local No. 10 shall be granted release time on a mutually agreed scheduled basis, up to a maximum of half-time, for the school year(s) during which the office is held. During such scheduled leave of absence, ATA Parkland Teachers’ Local No. 10 shall pay a prorated portion of School Jurisdiction cost which reflects the amount of release time provided.

13.4        During such secondment, the School Jurisdiction shall maintain the teacher’s regular salary, applicable allowances, and any benefit contributions required by the collective agreement and make the statutory contributions on the teacher’s behalf. The Association shall reimburse the School Jurisdiction for all payments made by the School Jurisdiction to the teacher or on his/her behalf while on secondment under this clause.

14.          OTHER LEAVES

For the purposes of this Article, immediate family shall mean spouse, son, daughter, parent, brother, sister, grandparent, and grandchild. The term step and in-law shall apply to all of the above.

14.1        Bereavement/Critical Illness Leave

Temporary leave of absence shall be granted by the School Jurisdiction, with pay, according to the following schedule:

14.1.1    In the event of death of a teacher's immediate family member, time up to and including five (5) days.

14.1.2    In the event of critical illness on the part of the teacher's immediate family member, time up to and including four (4) days.

14.1.3    In the event of the death of someone close to the teacher or for the purpose of acting in any official capacity at a funeral, a time up to one (1) day in any school year.

14.1.4    For purposes of clause 14.1.2, critical illness shall be determined by a certificate from a physician.

14.1.4.1                Before payment is made for leave under 14.1.1, 14.1.2 and 14.1.3, an official medical or funeral certificate of death or funeral may be required.

14.1.4.2                Leaves referred to under clause 14.1 shall commence within thirty (30) days of actual occurrence of critical illness or death.

14.2        Family Medical/Serious Illness

14.2.1    Temporary leave of absence shall be granted by the School Jurisdiction, with pay, for medical appointments for members of the immediate family or in the event of serious family illness, a time up to two (2) days in any school year.

14.3        Wedding/Convocation

14.3.1    Wedding/Convocation – Temporary leave of absence shall be granted by the School Jurisdiction, with pay, in the event a teacher wishes to attend the teacher's own wedding, convocation or graduation from a post-secondary institution time up to one (1) day.

14.4        Impassable Road

14.4.1    Temporary leave of absence shall be granted by the School Jurisdiction, with pay, to a teacher who, upon making an effort to reach the teacher's place of employment from the teacher's normal place of residence, encounters an impassable public highway and is not able to be present at school. The teacher will be entitled to salary subject to a recommendation from the principal and approval from the superintendent of schools. If the principal or superintendent of schools rejects the teacher's request for salary payment, the superintendent of schools shall communicate with the teacher indicating in writing their reasons for the rejection. The superintendent of schools shall consult with the teacher and principal before any final decision is made and that decision will be based on each individual case.

14.5        Jury Duty

14.5.1    Temporary leave of absence shall be granted by the School Jurisdiction, with pay, for jury duty or any summons related thereto or to answer a subpoena or summons to attend as a witness in any proceeding before a body authorized by law to compel the attendance of a witness provided that the teacher remits to the School Jurisdiction any jury stipend (excluding allowances and/or expenses) set by the court or other body.

14.6        Leave for Child’s Arrival Leave

14.6.1    An employee who does not give birth to the employee’s child shall be granted three (3) days parental leave with pay at the time of birth of each of the Employee’s children. The rate and duration of such parental leave benefits does not change in the event of a multiple birth. This leave shall be granted to an Employee in the case of adoption, at the time of the child’s placement with the adoptive parents.

14.6.2    An Employee who is in the process of adopting a child may access up to two (2) days leave with pay to prepare for the child’s arrival by attending legal or government department required meetings. Documentation of meeting may be required.

14.7        Discretionary Leave

14.7.1    Additional leaves of absence may be granted by the School Jurisdiction without pay and without benefits, without pay and with benefits, with pay and without benefits or with pay and with benefits, at the discretion of the School Jurisdiction.

15.          CENTRAL GRIEVANCE PROCEDURE

15.1        This procedure applies to differences:

a)            about the interpretation, application, operation or alleged violation of any central item including the question of whether such difference is arbitrable;

b)            about the interpretation, application or alleged violation of both a central item and a non-central item including the question of whether such a difference is arbitrable; and

c)            where the Association asserts that terms are implied or incorporated into the collective agreement including the question of whether such a difference is arbitrable.

15.2        “Central item” means any item which is in italics in this collective agreement.

15.3        A “non-central item” means any item which is not in italics in this collective agreement.

15.4        An “operational” day is an instructional or non-instructional day in the School Jurisdiction calendar on which teachers are scheduled to work.

15.5        If there is a dispute about whether a grievance commenced under this article is properly a grievance on a central item, it shall be processed under this article unless TEBA and the Association mutually agree that the difference, or a portion of the difference, shall be referred to the local grievance procedure in Article 16.

15.6        Either TEBA or the Association may initiate a grievance by serving a written notice of a difference as follows:

a)            In the case of a grievance by the Association, by serving the notice to the Chair of the Board of Directors of TEBA.

b)            In the case of a grievance by TEBA, by serving the notice to the Coordinator of Teacher Welfare of the Association.

15.7        The written notice shall contain the following:

a)            A statement of the facts giving rise to the difference,
b)            The central item or items relevant to the difference,
c)            The central item or items and the non-central item or items, where the difference involves both, and
d)            The remedy requested.

15.8        The written notice must be served on the other party to the difference within 30 operational days of when the grieving party first had knowledge of the facts giving rise to the grievance. For the purposes of this article, the months of July and August shall not be included in the computation of the 30 operational days.

15.9        Representatives of TEBA and the Association shall meet within 15 operational days to discuss the difference or at such later date that is mutually agreeable to the parties. By mutual agreement of TEBA and the Association, representatives of the School Jurisdiction affected by the difference may be invited to participate in the discussion about the difference.

15.10     The difference may be resolved through terms mutually agreed upon by TEBA and the Association. Any resolution is binding on TEBA, the Association, the affected School Jurisdiction, and any affected teacher or teachers.

15.11     If the difference is not resolved, the grieving party may advance the difference to arbitration by notice to the other party within 15 operational days of the meeting.

15.12     (a) Each party shall appoint one member as its representative on the Arbitration Board within 15 operational days of such notice and shall so inform the other party of its appointee. The two members so appointed shall, within 15 operational days of the appointment of the second of them appoint a third person who shall be the Chair. In the event of any failure to appoint or an inability to agree on the person to serve as the Chair, either party may request in writing that the Director of Mediation Services make the necessary appointment.

(b)TEBA and the Association may, by mutual agreement, agree to proceed with an Arbitration Board composed of a single arbitrator rather than a three-person Arbitration Board. In this event TEBA and the Association shall within 15 operational days of the agreement to proceed with a single arbitrator appoint a person to serve as the single arbitrator. In the event of any failure to agree on the person to serve as the single arbitrator, either party may request in writing that the Director of Mediation Services make the necessary appointment.

15.13     The Arbitration Board shall determine its own procedure but shall give full opportunity to TEBA and the Association to present evidence and to be heard.

15.14     The Arbitration Board shall make any order it considers appropriate. Without limiting the generality of the foregoing, an Arbitration Board may order that:

a)            An affected School Jurisdiction rectify any failure to comply with the collective agreement.
b)            An affected School Jurisdiction pay damages to the Association, affected teacher or teachers, or both.
c)            TEBA and the Association take actions considered fair and reasonable by the Arbitration Board.

15.15     The award of the Arbitration Board is binding on:

a)            TEBA and the Association.
b)            Any affected School Jurisdiction.
c)            Teachers covered by the collective agreement who are affected by the award.

15.16     TEBA and the Association shall bear the expense of its respective appointee and the two parties shall bear equally the expense of the Chair.

16.          LOCAL GRIEVANCE PROCEDURE

16.1        Any difference between an employee covered by this agreement and the School Jurisdiction, or, in a proper case between the Alberta Teachers' Association and the School Jurisdiction concerning the interpretation, application, operation or alleged violation of this agreement and further including any dispute as to whether the difference is arbitrable, shall be dealt with as follows, without stoppage of work or refusal to perform work.

16.2        Step A-Such difference (hereinafter called a "grievance") shall first be submitted in writing to the superintendent of the School Jurisdiction and to the president of ATA Parkland Teachers’ Local No. 10. Such written submission shall be made within thirty (30) school days after the incident giving rise to the grievance or from the date the grievor first had knowledge of the incident, whichever is later. Such grievance shall set out the nature of the grievance, the articles of this agreement which it is alleged to have been violated and the remedy sought.

16.3        Step B-If the grievor is not satisfied with the disposition of the grievance or if no decision is rendered within fifteen (15) school days after submitting the grievance to the superintendent, the grievor or the president of the ATA Parkland Teachers’ Local No. 10, as the case may be, shall submit the grievance to a grievance committee as hereinafter provided but in any case within fifteen (15) school days of the superintendent's decision being communicated to the grievor. Such grievance committee shall be composed of two (2) representatives of the School Jurisdiction and two (2) representatives of the Alberta Teachers' Association. A quorum of this committee shall consist of all representatives. The grievance committee shall meet and endeavor to resolve the grievance and shall render its decision in respect to the grievance within fifteen (15) school days following receipt of the submission and shall dispose of each grievance before proceeding to another, except where, by unanimous consent of the grievance committee, the hearing of such grievance is adjourned for the purpose of obtaining further information. If the grievance committee reaches a unanimous decision as to the disposition of any grievance, that decision shall be final and binding.

16.4        Step C-If the grievance committee does not meet or reach a unanimous decision within the said time, then either party may, by written notice served on the other party, require the establishment of an arbitration board as hereinafter provided. Such notice must be given within ten (10) school days after the date the aforesaid fifteen (15) school day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is shorter.

16.4.1    Each party shall appoint one (1) member as its representative on the arbitration board within seven (7) school days of such notice and shall so inform the other party of its appointee. The two (2) members so appointed shall, within five (5) school days of the appointment of the second of them, appoint a third person who shall be the chairman. In the event of any failure to appoint, any party may request the Director of Mediation Services to make the necessary appointment.

16.4.2    The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.

16.4.3    The arbitration board shall not change, amend or alter any of the terms of this agreement. All grievances or differences submitted under this agreement shall not depend on or involve an issue or contention by either party that is contrary to any provision of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement.

16.4.4    The findings and decision of a majority of the arbitration board is the award of the arbitration board and is final and binding upon the parties and upon any employee affected by it. If there is not a majority, the decision of the chairman governs and it shall be deemed to be the award of the board.

16.4.5    The arbitration board shall give its decision in writing no later than fourteen (14) days after the appointment of the chairman, provided however, that this time period may be extended by written consent of the parties.

16.4.6    All of the aforesaid time limits referred to in the grievance procedure shall be exclusive of Saturdays, Sundays and statutory holidays.

16.5        The purpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner. Therefore, compliance with the provisions is mandatory. If the respondent fails to comply with the provisions of this procedure, the grievance is processed to the next step. If the grievor fails to comply with all provisions of this procedure, the respondent shall inform the grievor of the omission by registered letter sent to the grievor's last known address. If the grievor fails to comply with all provisions within five (5) school days of the aforesaid notification, the grievance is at an end.

16.5.1    If the grievor fails to receive the letter described in article 16.5, the grievance is at an end.

16.6        Any of the aforesaid time limits may be extended at any stage upon the written consent of both parties.

16.7        Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear the expense of the chairman equally.

17.          EMPLOYMENT

17.1        Transfers

17.1.1    Notwithstanding Section 104 of the School Act, no teacher who has been designated as a principal or assistant principal shall be transferred to another school without the teacher's consent.

17.1.2    If the School Jurisdiction requests a teacher to transfer to another school, it shall pay the reasonable moving expenses necessarily incurred by the teacher and the teacher's family as a result of such transfer, providing such transfer requires a change of residence.

17.2        Information and Files

17.2.1    The parties further agree that effective dates of this agreement will appear at the bottom of each page and that a true copy of the collective agreement should be made available to each teacher. Both parties agree to have the spokesperson from each party's negotiating team be responsible for preparation and distribution of the signed collective agreement.

New Letter of Understanding #1 – Trial Program on Time Off for Compression

1.1          This Letter of Understanding is made pursuant to Article 8 of the collective agreement (Conditions of Practice). The parties agree that where teacher instructional time is compressed and where current collective agreements are silent, teachers will receive time off in relation to the additional time worked as provided for in the chart below. Days will be rounded to the nearest 0.25 for this calculation. It is recognized by both parties that flexibility is required to maintain the calendar for the School Jurisdiction but also provide assurance for teachers that increases in the length of instructional days may result in associated time off for teachers.

1.2          For the purpose of this collective agreement and notwithstanding the provisions of the School Act, Teachers’ Convention is counted as a non-instructional day.

1.3          The trial program will take place during the 2017-18 school year and expires on August 31, 2018, notwithstanding that the collective agreement is bridged by operation of law.

New Letter of Understanding # 2 – Me Too Clause/Increase Modifier

1.            For the purposes of this Letter of Understanding only, the following definitions apply:

1.1          “comparator agreement” means the provincial collective agreements listed below for the period commencing April 1, 2017:

•             Government of Alberta and the Alberta Union of Provincial Employees respecting the Locals 1, 2, 3, 4, 5, 6 and 12
•             Alberta Health Services and United Nurses of Alberta
•             Alberta Health Services and the Health Sciences Association of Alberta
•             Alberta Health Services and Alberta Union of Provincial Employees – Auxiliary Nursing
•             Alberta Health Services and Alberta Union of Provincial Employees – General Support Services

1.2          “first year” means with respect to a comparator agreement the period from April 1, 2017 to March 31, 2018.

1.3          “second year” means with respect to a comparator agreement the period from April 1, 2018 to March 31, 2019.

1.4          “general salary increase” means a salary increase percentage applied to all steps of all grids of a comparator agreement.

1.5          For greater certainty, “general salary increase” does not include market supplements or adjustments, grid adjustments, signing bonuses, reclassifications, changes to benefit premium cost sharing, new benefits or any other form of compensation whatsoever other than a common percentage increase applied to all steps of all grids applicable to each bargaining unit. It includes only such general salary increases negotiated, prior to a strike or lockout, and does not include any increases resulting from a voluntary interest arbitration award, a disputes inquiry board recommendation, or a settlement during or following a strike or lockout.

1.6          “Lump sum payment” means a one-time payment, consistent with other one-time payments sometimes referred to as signing bonuses. “Lump sum payment” explicitly does not include the continuation or renewal of lump sum payments currently provided in existing comparator agreements between School Jurisdictions and unions listed in Clause 1.1 of this Letter of Understanding.

2.            If a general salary increase(s) for a comparator agreement in either the first year (September 1, 2016 to August 31, 2017) or second year (September 1, 2017 to August 31, 2018) exceeds 0%, the general salary increase(s) negotiated under that comparator agreement will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay of the collective agreements with the Association in the first year or the second year respectively, and effective the same date(s) as provided in the affected comparator agreement. If more than one general salary increase is negotiated for comparator agreements, the increases shall not be compounded across multiple comparator agreements, however, the total highest such general salary increase(s) in each year will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay.

3.            If a new lump sum payment(s) for a comparator agreement in either the first year (September 1, 2016 to August 31, 2017) or second year (September 1, 2017 to August 31, 2018) is negotiated, the newly negotiated lump sum payment(s) negotiated under that comparator agreement will be applied to the collective agreements with the Association in the first year or the second year respectively, and effective the same date(s) as provided in the affected comparator agreement. If more than one newly negotiated lump sum payment is negotiated for comparator agreements, the lump sum payments shall not be compounded across multiple comparator agreements, however, the total highest of such lump sum payment(s) in each year will be applied to the salary grid, administrative allowances and daily substitute teacher rate of pay.

4.            This Letter of Understanding expires on August 31, 2018 and will not be extended beyond that date notwithstanding that the collective agreement is bridged by operation of law. This Letter of Understanding will not apply to a general salary increase or lump sum payment for a comparator agreement negotiated to be effective after August 31, 2018.

New Letter of Understanding #3 – Classroom Improvement Fund (CIF) Grant Program

1.            Each School Jurisdiction will establish a committee to support the CIF grant program. CIF committees will be composed of equal number of School Jurisdiction representatives, appointed by the School Jurisdiction or designate, and teacher representatives, appointed by the Association. Teacher representatives must be employed by the School Jurisdiction. CIF committees will have a minimum of six (6) and maximum of ten (10) equal representatives total. CIF committee may meet as viewed necessary, but shall meet at least once in the 2017-18 school year.

2.            CIF committees will be responsible for reviewing and prioritizing proposals and agreeing to the distribution of the CIF grant funds available for that School Jurisdiction. The committee will be responsible to prioritize proposals based on classroom needs and approve CIF allocation of resources up to the funds available for that School Jurisdiction.

3.            A majority of the CIF committee members must agree in order to advance a proposal for a CIF grant.

4.            The School Jurisdiction must forward agreed-upon CIF proposals to Alberta Education. The decisions of the CIF committee is not subject of a grievance under this collective agreement.

LETTER OF INTENT

BETWEEN PARKLAND SCHOOL DIVISION NO. 70 and ALBERTA TEACHERS’ ASSOCIATION

The parties agree that any substantive change to Administrative Procedure 262 (Extra-curricular and Co-curricular Activities – effective date of April 17, 2017) will be made after the Superintendent of Schools’ consultation with the ATA Local. 

Dated this 11 day of December 2017

Addendum A: Process for Determining Changes to Assigned Instructional Time in Accordance with Clause 8.1.1

When consideration is being given to exceeding limits on assigned instructional time, it is expected that a school’s administration and teaching staff would adopt the following guidelines:

Collaboration/Consensus

- School administrators will provide the opportunity for professional staff to participate in discussions relative to the organizational and staffing needs of the school for the subsequent school year.

- Professional staff will be provided with all relevant information as it relates to assigned instructional time.

- Professional staff will be encouraged to participate in discussing, exploring and deciding on whether to exceed the limits on assigned instructional time.

- Where consensus is not reached, the school administration and Professional staff of a school will vote by secret ballot, to be conducted by the school administration and the ATA Parkland Teachers’ Local No. 10 representative. A bare majority will be required for a school to exceed the stated limits on assigned instructional time.